[HISTORY: Adopted by the Town Board of the Town of Orchard
Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2021 by L.L. No. 2-2021]
It is the intent of this article to opt out of allowing on-site
cannabis consumption sites in the Town of Orchard Park that would
otherwise be allowed under New York State Cannabis Law Article 4.
This article is adopted pursuant to New York State Cannabis
Law § 131 that expressly authorizes the Town Board to adopt
a local law requesting the Cannabis Control Board to prohibit the
establishment of cannabis on-site consumption licenses within the
jurisdiction of the Town.
The Town Board of the Town of Orchard Park hereby opts out of
allowing on-site cannabis consumption sites from being established
and operated within the Town's jurisdiction as authorized under
New York State Cannabis Law Article 4.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm, or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article, or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article is subject to a referendum on petition in accordance
with New York State Cannabis Law § 131 and the procedure
set forth in New York State Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition requesting such referendum
was filed.
This article shall take effect immediately upon filing with
the New York State Secretary of State.
